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- LivingFlame
- Joined: Sat May 28, 2005 4:41 pm
- Location: Closer than you think...
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- Joined: Sat Oct 07, 2006 5:07 pm
No part of the law states that circumventing technological measures is illegal however.LivingFlame wrote:That bolded part is the part that would seemingly make use of a capture card to get around (i.e. circumvent/avoid/bypass) DRM illegal.dragontamer5788 wrote:And further (US Code Title 17, 1201 Paragraph 3):The DVD DRM does not prevent me from plugging a Video Cable into a PC, TiVo, VCR Player, or Television. And I mean this in the literal sense... there is nothing that stops you from getting a DVD cable and plugging it into a different Television or PC or something. Therefore, it does not "effectively control access to a work".(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
Therefore: it is illegal to use a DRM Cracker as per 1201 Paragraph 1, but it is legal to use a Video Capture card.
I'm not a lawyer, but as far as I can tell, it is legal...
You need both A) and B) to take effect. Therefore, only if the measure effectively controls the access is it illegal to circumvent the technological measure.No person shall circumvent a technological measure that effectively controls access to a work protected under this title
Wait... what? Paradox often? You are allowed to circumvent measures... that are ineffective? Am I reading this right? :shock:
- Autraya
- Zero Punctuation
- Joined: Tue Mar 11, 2003 12:52 am
- Status: old
- Location: Terra Australis
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dragontamer5788 wrote:And actually, no. There is no strict % to the "Fair Use" clause that I know of. If someone wishes to correct me, please give me a Supreme Court Case and/or the section in the US Code please.the warning on discs down under states "avoiding the copy protection on this disc is illegal" it therefore doesn't matter how you get around it.
But our laws also allow us to use up to 10% of anothers work for non profit means and not get nabbed. <_>
As far as I understand Fair Use... Non-Profit helps your case, but it doesn't solidify it. From the US Code Title 17 Section 107:
I hate to burst your buble but nothing you said refutes/invalidates what I was just talking about.
I've bolded the specific problem. Throw as much US law at us as you like we still dont give a codswallop.
new banzors in the making :p
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- Joined: Sat Oct 07, 2006 5:07 pm
Sorry, I forgot that this place is international. >_>Autraya wrote:dragontamer5788 wrote:And actually, no. There is no strict % to the "Fair Use" clause that I know of. If someone wishes to correct me, please give me a Supreme Court Case and/or the section in the US Code please.the warning on discs down under states "avoiding the copy protection on this disc is illegal" it therefore doesn't matter how you get around it.
But our laws also allow us to use up to 10% of anothers work for non profit means and not get nabbed. <_>
As far as I understand Fair Use... Non-Profit helps your case, but it doesn't solidify it. From the US Code Title 17 Section 107:
I hate to burst your buble but nothing you said refutes/invalidates what I was just talking about.
I've bolded the specific problem. Throw as much US law at us as you like we still dont give a codswallop.